Written answers

Friday, 6 September 2019

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Kate O'ConnellKate O'Connell (Dublin Bay South, Fine Gael)
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1918. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to the concerns of residents in both the Citywest and Tallaght areas of Dublin 24 regarding the introduction of the fast-track planning application; if An Bord Pleanála will have regard to the local area plans completed by the local authority for both Citywest and Tallaght town centre in approving new developments; the requirements of An Bord Pleanála to adhere to these under current legislation; and if he will make a statement on the matter. [34820/19]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (the 2016 Act), requires An Bord Pleanála (the Board), when making a decision on a planning application for a Strategic Housing Development (SHD), to have regard to the proper planning and sustainable development of the area in which it is proposed to situate the proposed development, the development plan for the area and any relevant local area plan, any submissions or observations received, the potential effects on the environment or on a European site - as the case may be - of the proposed development, as well as any relevant Ministerial or Government policies, including any guidelines issued by my Department.

When making its determination, the Board is further required under section 9 of the 2016 Act to consider the report of the relevant planning authority on the proposed development. The report includes the authority’s opinion on the proposed development, a recommendation on whether to grant or refuse permission and the views of the elected members on the proposed development as expressed at a meeting of the Area Committee or Municipal District, where such a meeting has taken place.

Planning authorities play a central role in the determination of SHD applications. The pre-application stage relating to a proposed SHD project requires the prospective applicant, in the first instance, to consult with the relevant planning authority prior to engaging in formal pre-application consultations with the Board. In addition, the planning authority is required to submit to the Board its written opinion on the proposed development with regard to the provisions of the relevant development plan or local area plan in advance of the formal pre-application consultation meeting with the prospective applicant. Planning authority officials with sufficient knowledge and expertise in the matter concerned are required to attend any such formal pre-application consultation meetings between the Board and the prospective applicant.

Under section 30 of the Planning and Development Act, 2000, as amended, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

Photo of Kate O'ConnellKate O'Connell (Dublin Bay South, Fine Gael)
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1919. To ask the Minister for Housing, Planning, and Local Government when his Department will conduct a review of the new fast-track planning application for large residential developments; if submissions will be invited from the public in respect of these; and if he will make a statement on the matter. [34821/19]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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As part of the actions under the Government's Rebuilding Ireland Action Plan on Housing and Homelessness, the Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála for determination.

The primary purpose of the SHD arrangements is to support efficiency in the planning decision-making process, providing greater certainty for developers in terms of the timeframes within which proposals for such developments can be determined, while also fully respecting the need to ensure proper planning and sustainable development, the statutory requirements for consultation and consideration of observations submitted.

The Act provides that the SHD arrangements apply for an initial period until the end of 2019. Section 4(2)(a) of the Act provides that not later than 30 October 2019, the operation and effectiveness of the SHD arrangements must be reviewed and a report of my conclusions from the review must be laid before both Houses of the Oireachtas.

In this regard, I have established a Review Group to assess the operation and effectiveness of the SHD provisions and to report back to me by end September 2019. The membership of the Review Group is as follows:

- Mr. John Martin, former Principal Planning Adviser in my Department (Chairperson),

- Mr. David Silke, Housing Agency,

- Mr. David O’Connor, former Chief Executive, Fingal County Council, and

- Mr. Liam Conneally, Director of Services, Clare County Council, (nominated by the County and City Management Association).

To augment the work of the Review Group, a public consultation on the SHD arrangements was advertised and held in July 2019.

Following the statutory review, section 4(2)(b) of the Act provides that I may extend, by order, the SHD arrangements for a further limited period of 2 years, up to the end of 2021, to coincide with the remaining timeframe of Rebuilding Ireland.

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